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Minutes 07-28-06 MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING HELD IN BOYNTON BEACH CITY COMMISSION CHAMBERS ON FRIDAY JULY 28, 2006 AT 10:00 A.M. Present: Jerry Taylor, Mayor Carl McKoy, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Mack McCray, Commissioner Wilfred Hawkins, Assistant City Manager James Cherof, City Attorney Janet Prainito, City Clerk CALL TO ORDER: Mayor Taylor called the meeting to order at 10:02 a.m. I.D.l Additions, Deletions, Corrections Commissioner Ferguson requested to add the application of Sterling Village for an emergency generator under XIII. Unfinished Business. Commissioner McCray questioned if the application had to go before the committee first. Mr. Hawkins replied it was at the discretion of the Commission. The committee could review the application if necessary. Mayor Taylor suggested the item be placed under XIII. Unfinished Business and it could be discussed at that time. Commissioner Ensler suggested staff review the application before the meeting. Commissioner Ensler noted another site plan extension was being requested and the discussion relating to the Art in Public Places Ordinance is also on the agenda. He requested the discussion on the Art Ordinance be heard before the site plan extension. It was agreed item XII.C.3 (Amending Art in Public Places ordinance) be heard before VIII. Public Hearings. III.A.l Commissioner Mack McCray is again heading up the City's back to school supply drive for children in the City's schools. The "Great Boynton Beach School Supply Drive" will run through the first day of school, Wednesday, August 16,2006. Supplies include pencils, pens, crayons, notebooks, notebook paper, backpacks, calculators, lunch boxes, scissors, rulers and glue sticks. All supplies should be new; no used items, please. Drop off points include City Hall, the library, City Hall in the Mall and the Ezell Hester, Jr. Community Center. Commissioner McCray requested participation by staff. III.C.2 Presentation by Glatting Jackson, Landscape Architects and Planners, regarding the Congress Avenue Boundless Park Master Plan. Commissioner Ensler requested a phasing report be given. Mr. Hawkins indicated ideas would be presented in that regard during the presentation. 1 Meeting Minutes Agenda Preview Conference Boynton Beach, FL VI.C.l. July 28, 2006 Proposed Resolution No. R06- RE: Correcting a scrivener's error authorizing the City Manager to sign an Agreement for Water Service Outside the City Limits and Covenant for Annexation with Military Trail Development Group, LLC for the project known as Gateway Town homes. Commissioner McCray asked for an explanation of the item. Mayor Taylor explained a scrivener's error was a mistake in the legal description and a correction needed to be made. Attorney Cherof agreed. VI.B.2. Award Bid #046-2510-06/ClD "ANNUAL SUPPLY OF METAL CONTAINERS AND ROLL-OFFS" to WASTE EQUIP d/b/a INDUSTRIAL REFUSE SALES of Eaton Park, FL. for an estimated expenditure of $180,000. Commissioner Ensler did not understand who would get $90,000 containers and why the end user would not be required to pay for them. Jeff Livergood, Director of Public Works and Engineering, responded the containers were for commercial use and there was a rental fee assessed to the commercial customer. The rental fee varied by the size of the container and a complete list of the fees would be provided to the Commissioners, along with an estimated useful life of the containers. The bid includes dumpsters and roll-off containers with an estimated cost no greater than $500 for anyone container. Mr. Livergood explained the items are containers that go to construction sites or caged areas near restaurants. The bid would cover the expense for the entire year for replacement of the containers as needed. Commissioner McCray noted the estimate included 80 units. VI.C.2 Proposed Resolution No. R06- RE: Approving the adoption of the City of Boynton Beach's Community Development Block Grant (CDBG) 2006/2007 One Year Action Plan and the contracts for sub- grantees to reflect the proposed expenditures. Vice Mayor McKoy indicated he was still completing some research and may have some comments. VI.C.ll.g. Accepting the 2006/2007 Organization Chart and Salary Range Revision. Commissioner McCray was not sure it was clear on the agenda that the Organizational Chart and Salary Range revision was for the South Central Regional Wastewater Treatment & Disposal Board rather than the City of Boynton Beach. VI.C.12 Proposed Resolution No. R06- RE: Approving and authorizing execution of a Task Order for $17,945 to the Land Stewardship Company to provide landscape architectural services for the development of a Master Plan for Veterans Park. Commissioner Ensler requested the item be removed from the agenda. He explained there was currently a plan to combine the Veterans Park and memorials at the Bicentennial Park. There was consensus to remove the item from the agenda. 2 Meeting Minutes Agenda Preview Conference Boynton Beach, FL July 28, 2006 VI.C.13 Proposed Resolution No. R06- RE: Approving a feasibility study to determine fund raising viability for the Congress Avenue Boundless Park in the amount of $16,500. Commissioners Ensler and Ferguson questioned the need to have a feasibility study rather than hiring an individual to do fundraising. Mayor Taylor agreed. Commissioner Ensler found the entire concept confusing. Mr. Hawkins advised the purpose of the feasibility study was to touch base with those philanthropic organizations and potential private donors to determine if fundraising efforts would be successful for the project. Commissioner Ensler questioned in the scope of services section what would be tested by going to City staff and residents. In his view it was going back to try to substantiate going forward. Wally Majors, Recreation and Parks Director, commented a foundation or benefactor would require a certain degree of certainty that the community supported the project rather than it being staff's project. Mr. Hawkins added grant applications also require an indication of community support for the project. Mayor Taylor contended the Commission was comprised of the elected officials representing the community and unanimously supported the project. He felt the $16,000 should go toward the park itself. Commissioner Ensler explained the Recreation and Parks Board also represents the community and they have formally supported the project. Mr. Majors further explained grant applications require endorsement by the Commission and that community meetings be held. Mr. Hawkins interjected the process is very fundamental in the philanthropic community. Commissioner Ensler asked if the vendor would be one of the ultimate bidders on the project. Mr. Majors responded the vendor selected was the only vendor found in his research. Commissioner Ensler suggested most of the effort be funneled into the fundraising aspect of the program. He also asked that a portion of the fee be withheld until the report is approved by the Commission. Mr. Hawkins would approach the vendor with the idea. Commissioners McCray and Ferguson felt it was a waste of $16,500. Mr. Hawkins hoped the money raised would far outweigh the expense. Mr. Majors stressed this was a project that 100% of the funding would be sought outside of the City budget. VI.E. Authorize the use of $500 of Commissioner Ensler's Community Investment Funds to the Great Boynton Beach School Supply Drive. Commissioner McCray thanked Commissioner Ensler and requested $500 of his funds be added. Mayor Taylor and Vice Mayor McKoy also requested to contribute $500 each to the effort. Commissioner Ensler requested to add a contribution of $1,500 from his funds to the East Boynton Senior League for out-of-town travel. Mayor Taylor inquired if the Senior League would be included in the organization that had received the $100,000 gift. It was agreed that the Recreation and Parks Department have a representative from the Little League Board present to explain how the gift was being used before City money were authorized. Commissioner Ensler maintained the item should be included on the agenda for discussion. 3 Meeting Minutes Agenda Preview Conference Boynton Beach, FL XII.C.3 July 28, 2006 Proposed Ordinance No. RE: Amending the Art in Public Places Program to clarify that projects which commenced prior to the establishment of the Public Art Fee are exempt and not subject to the fee, even when a site plan extension is requested. (Moved forward at the request of Commissioner Ens/er) Commissioner Ensler reviewed the purpose of the proposed ordinance and questioned if there was something that could be done to get art into the projects that were the subject of the proposed amendment. He suggested perhaps .35% of the cost could go for art in projects that apply for site plan extensions during the limited period of time. Commissioner Ferguson requested a list of the pending projects before making a decision. VIII.B. Project: Agent: Owner: Location: Description: Heritage Club (SPTE 06-006) Michael S. Weiner, Esquire and Jason S. Mankoff of Weiner & Aronson, P.A. New Century Companies, LLC Northwest corner of the intersection of Federal Highway and Gulfstream Boulevard Request for one-year site plan time extension for approved site plan and height exception granted on August 2, 2005, from August 2, 2006 to August 2, 2007. Mayor Taylor advised the Community Redevelopment Agency Board had given a six month extension rather than one year. Commissioner McCray questioned if the agent agreed with only six months being sufficient. Mayor Taylor recalled the agent had agreed with the six month extension. Commissioner Ensler reported he had received a phone call from the individual who owns the land and the six months did motivate the developer to begin work. VIII.C. Project: Agent: Owner: Location: Description: Boynton Industrial Park North (ZNCV 06-008) Merle Denbesten Boynton Industrial Park POA, Inc. West of 1-95 and north of Boynton Beach Boulevard. Strip of land two feet wide by 1,705 feet in length located west of the 60 foot right-of-way of West Industrial Avenue, opposite lots 118 of the Laurel Hills Subdivision (3rd Addition) through lots 165 Laurel Hills Subdivision (4th Addition), which are located north of NW 8th Avenue. Request relief from Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a six (6) foot steel privacy fence along the west property line of Boynton Industrial Park North, in lieu of the required six (6) foot stucco masonry buffer wall required to separate an industrial zoning district from an abutting residential zoning district. Commissioner Ensler had a problem with the use of a chain link fence rather than a buffer wall. He asked if some other type of variance could be given other than eliminating the masonry buffer wall. Mayor Taylor recalled the footers for the wall were the problem. 4 Meeting Minutes Agenda Preview Conference Boynton Beach, FL July 28, 2006 Ed Breese, Principal Planner, concurred the issue was the footer encroaching on the FP&L easement along the site. The footer was necessary to meet the current wind load code standards. Attorney Cherof explained the wall could be grandfathered in for repairs but the wall would not meet the building code standards. XII.C.l. Proposed Ordinance No. 06-075 RE: Approving an increase in the maximum allowable dwelling units permitted under the development order from 1,105 to 1,905 dwelling units. (Quantum Park NOPC #16 DRIA 06-001) Mayor Taylor will be pulling the item for discussion. Commissioner Ensler requested a good presentation by Quantum on their plans for affordable housing. He also felt Octavia Sherrod should publish her definition of affordable housing before the Commission meeting, especially to Mr. McDonald with Quantum Park. Mr. Hawkins noted there are federal standards and local market standards encompassing Palm Beach County. Jeff Livergood, Director of Public Works and Engineering, addressed the issue of the traffic signals. It was staff's opinion MFT Development, as the master developer, should take the responsibility to coordinate the installation of any signals at the two locations in question. According to Mr. Livergood, it was the developer's contention the subsequent builders should be responsible. Mayor Taylor emphasized the request includes abandoning two roads forcing more traffic onto Congress Avenue. He also pointed out there was no agreement that 400 housing units would be devoted to a transit oriented development (TOD) along the Tri Rail tracks. If the request was granted the developer would be given 800 units anywhere in Quantum. There was no requirement that 400 TOD units be authorized by the City before approaching Tri Rail and the Treasure Coast Regional Planning Council. Vice Mayor McKoy wondered if the 400 TOD units could be a condition of approval. Mayor Taylor indicated that only 400 units could be approved rather than the 800 units requested. Mayor Taylor further noted that industrial lands would be given up to accommodate the 800 units and the City would have no industrial lands remaining. Mr. Hawkins agreed the issues raised by Mayor Taylor were valid and the developer would need to agree to all the conditions. Commissioner Ensler requested further discussions be held with Quantum to clarify the proposal before the meeting. Mayor Taylor noted at the Planning and Development meeting there were four conditions of approval and the developer disagreed with all the conditions. Mr. Hawkins felt it was important that the developer be made aware of the Commission's concerns. Attorney Cherof advised the closed-door session previously planned to convene after the meeting should be removed from the agenda until advised by the Legal Department that the matter would be ready for consideration. 5 Meeting Minutes Agenda Preview Conference Boynton Beach, FL July 28, 2006 XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor adjourned the meeting at 10:41 a.m. CITY OF BOYNTON BEACH Yn.~ ATTEST: ith A. Pyle eputy City Clerk (073106) 6